Gujarat Control of Organised Crime Act

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Recent Development[]

The Gujarat Control of Organised Crime Act (GUJCOCA) is a controversial anti-terrorism legislation passed by the state legislature of Gujarat, India, in April 2003. On 5 November 2019 President Ram Nath Kovind given his assent.^[1]

Introduction And Presidential Assent[]

The bill was drawn on the lines of the Maharashtra Control of Organised Crime Act (for Maharashtra) and Karnataka Control of Organised Crime Act (for Karnataka).^[2] It was then sent to the office of the President of India for assent.^[3] In 2003 But The Then President Dr.A.P.J. Abdul Kalam didn't Give His Assent Because of Few Controversial Points Which Are Listed Below.

1. Delete Clause 16 - Clause 16 relates to the confession made before a police officer being admissible in court^[4]
2. Substitute the word "may" for "shall" after the words Special Court occurring in clause 20(2) and bring the proviso in line with the proviso to Section 43 D (2) of the Unlawful Activities (Prevention) Act(Amendment), 2008, - Clause 20 (2) deals with the extension of the detention period^[4]
3. Amend Clause 20(4) to bring it in conformity with Section 43 D (5) of the UAP (Amendment) Act - Clause 20 (4) deals with the powers of the court to grant bail.^[4]

In July 2009,^[5] the bill was re-introduced in the state legislature without the changes suggested by the President So it failed To Get Passed.But in 2019 The Gujarat Control of Terrorism and Organised Crime (GCTOC) Bill passed by the Gujarat State Assembly has received President Ram Nath Kovind's assent. The Bill which was formulated in 2003 when Prime Minister Narendra Modi was Chief Minister of the State had been sent for presidential clearance three times. Each time it was rejected over a few controversial provisions.

The Bill found success in its fourth attempt, when President Kovind gave his assent on 7 November 2019, almost 16 years after it was first introduced. It was termed controversial for two key features: intercepted telephone conversations would be considered legitimate evidence and a confession made before a police officer would also be considered documented evidence. President Ram Nath Kovind has passed both provisions.^[6] The law provides for the constitution of a special court along with the appointment of special public prosecutors to handle organised crime cases. Furthermore, assets acquired through organised crime can be auctioned and the transfer of assets can be cancelled.

The new law states that any act intended to disrupt law and order, public order or endanger the unity, integrity and security of the State or to spread terror in the minds of sections of people will fall into the category of terrorism. The new law is formulated to deal with terrorism and organised crime such as contract killing, ponzi schemes, the narcotics trade, extortion rackets, cybercrime, land-grabbing and human trafficking.

According to the Ministry, the new law has a provision that allows up to life imprisonment for cases involving crimes listed above. Additionally, if a death occurs in these crimes, capital punishment could apply.

Human Rights Issue[]

The Bill got an outright rejection from President A.P.J Abdul Kalam. In 2008 a second attempt was made at getting the presidential nod, but President Pratibha Patil sent it back over the confession provisions. In 2015, it went up before President Pranab Mukherji but was sent back as he sought clarification on some clauses. While, other States have similar laws, the provisions in the Gujarat law are widely acknowledged to be harsh, dangerous and part of a larger agenda.

See also[]

• Prevention of Terrorist Activities Act (POTA) of 2002

References[]